Patna High Court

Jitendra Kumar @ Steel YadavversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL REJECTED
Bench: RAJIV ROY

Holding

The anticipatory bail application is rejected as withdrawn.

Summary

The petitioner, Jitendra Kumar, filed an anticipatory bail application under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, fearing arrest in connection with PS Salaiya Case No. 55 of 2025. While the matter was pending, the petitioner was actually arrested. Counsel for the petitioner informed the Court that, given the arrest, the petitioner wished to withdraw the anticipatory bail petition. The Court accepted the withdrawal and dismissed the application as withdrawn. Consequently, no anticipatory bail was granted.

Issues considered

Whether an anticipatory bail application can be entertained when the petitioner is already in custody
Whether the petitioner may withdraw the anticipatory bail application after arrest

Legislation cited

Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)

Subjects

anticipatory bail
withdrawal of application
criminal procedure
Bihar Prohibition and Excise Act

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8463 of 2026
                       Arising Out of PS. Case No.-55 Year-2025 Thana- SALAIYA District- Aurangabad
                  ======================================================
                  Jitendra Kumar @ Steel Yadav S/O Naresh Yadav R/O Vill.- Gajraj bigha,
                  P.S.- Salaiya, Dist.- Aurangabad.
                                                                         ... ... Petitioner/s
                                                    Versus
                  The State of Bihar
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Aman Vishal, Adv.
                  For the Opposite Party/s :        Mr. Gulnar Begum, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

2    17-02-2026                  Heard Mr. Aman Vishal, learned counsel for the petitioner

                    and the State.

                                 2. The petitioner apprehends his arrest in connection with

                    Salaiya P.S. Case No. 55 of 2025 for the offence registered under

                    sections 30(a) of Bihar Prohibition and Excise (Amendment) Act,

                    2022.

                                 3. It has been informed by learned counsel that the

                    petitioner stands arrested and as such, he may be permitted to

                    withdraw the petition.

                                 4. Accordingly, the anticipatory bail application is rejected

                    as withdrawn.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U      T

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